TT&H Attorney Mark Powell Successfully Defends Claim Petition

Pending here was a Claim Petition alleging a work-related left shoulder injury. Faced with a seemingly credible Claimant, who attempted to continue working for over a week after the work accident, Attorney Mark Powell still convinced the Workers’ Compensation Judge to not find the Claimant entirely credible. Specifically, Attorney Powell capitalized on the Claimant’s attempts to evade divulging his pre-existing left shoulder pathology and treatment.

In this case, the Claimant presented testimony from two medical experts. Notably, Claimant’s orthopedic surgeon administered a platelet rich injection and interpreted an acute SLAP tear that would require surgery. In response, Attorney Powell presented expert medical testimony from the doctor who performed an independent medical evaluation (IME) of Claimant and limited Claimant’s work injuries to a left shoulder sprain and strain based on the lack of changes when comparing Claimant’s pre and post-injury MRIs. Attorney Powell further presented the report of a board-certified radiologist, who unambiguously echoed the IME doctor’s opinion that the work incident did not cause any objective, acute changes to the shoulder when comparing MRI studies.

The Judge found both of Attorney Powell’s medical experts more credible than Claimant’s experts. Had the Judge agreed with Claimant’s orthopedic surgeon, the carrier would have been responsible for ongoing wage loss and medical treatment, including left shoulder surgery. Thanks to Attorney Powell’s meticulous litigation, the Judge limited the carrier’s exposure to the closed period up through the date of the IME which was less than ninety (90) days after the original injury.

Questions about this case can be directed to Mark J. Powell at 717-255-7645 or mpowell@tthlaw.com.